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You are here:Home / Family News / NEF 2014 / Family News - 2014 February 14th / A word from the Superior General
Feb 14, 2014

A word from the Superior General

Separation of a member

A word from the Superior General

In the new Rule of Life chapter X was developed at the request of the Holy See in view of the very many demands for leaving Congregations which they had to deal with in these past few years. It is essential that those responsible for formation should study it carefully with those in formation; consequently, the decision to consecrate one’s life to the Lord in our Congregation will be taken with great maturity and responsibility. Only the most serious of motives can change a decision freely reached, supposing a spiritual discernment undertaken in all serenity. The procedures for leaving a Congregation are most complex.

Before embarking on such an undertaking, a religious contemplating leaving the Congregation should take a fresh look at article 99 in the Rule of Life. According to this article, only a question of health, study or a missionary experience can justify the request to live outside the community for a year. This religious must make his request to the Regional Superior who, with the consent of his council, can grant it to him.

The indult to enter another Institute is a situation which can be considered between the Major Superiors of the two institutes and the consent of their respective councils. A trial period of at least 3 years in the new institute is required during which the vows already emitted remain valid, the rights and duties of obedience are suspended for the first institute but remain in place for the new one. Final incorporation becomes official with Final Profession (Rule of Life 301-306).

The indult of Exclaustration consists of spending one to three years in a diocese. A religious can ask his Superior General for serious personal reasons. Such a request is to be accompanied by a written one from the Bishop accepting him in his diocese. The indult of Exclaustration is granted by the Superior General with the consent of his council (Rule of Life 307-309).

Exiting the Congregation by a religious with temporary vows can happen at the end of the normal period of their emission. Should he wish to leave before this he must make his request in writing to the Superior General stating the serious motive which justifies his decision. The Superior General can grant it to him with the consent of his council (Rule of Life 310-313).

Indult for leaving the Congregation for a religious with final vows. The person concerned can make his request to the Superior General giving the serious reasons for such a request. The Superior General presents the request to the Sacred Congregation for Religious (CIVCSVA), adding his own opinion as well as that of his Council. It is this Congregation which grants or not this indult. (Rule of Life 314-315)

Indult for leaving the Congregation for an ordained religious. The religious concerned makes his request in writing to the Superior general giving in detail the serious reasons urging him to take this step. At the same time he will add the written consent of the Bishop ready to accept him in his diocese. The Superior General presents the request to the CIVCSVA, adding his own opinion as well as that of his Council. It is this Congregation which grants or not this indult. The Bishop having accepted the incardination must produce a document proving the incardination and must forward it to the Superior General as well as a copy for the CIVCSVA (Rule of Life 314-316).

A Religious in Final Vows can be dismissed from the Congregation for serious reasons, attributable and legally established as it is stated in articles 319 and 321 in the Rule of Life and in canons 695, 696, 1397 and 1398. The Major Superior after consulting his council can start the proceedings for dismissal. He must establish the facts, send in writing and within a fortnight two warnings to the religious concerned in the presence of two witnesses. He enjoins him to reform his conduct under risk of being dismissed from the Institute if he does not conform. The warnings must clearly indicate the reasons for dismissal and the means at his disposal for self defence. After the elapse of a fortnight and no visible sign for correction on the part of the religious, the major superior sends the entire dossier to the supreme moderator (Rule of life 322 – 324),

The Superior General with his council acting in collegiality, then makes a study of the proofs, the observations and the defence; a vote by secret ballot is then taken. If the latter is favourable for the dismissal the Superior then issues the decree of dismissal This decree must state the reasons for the dismissal, list the appeals to the competent authority on the part of the religious being dismissed, in the ten days following the dismissal decree. The decree must be confirmed by the CIVCSVA. If the dismissed religious is a cleric he can no longer exercise his ministry until a Bishop accepts him (Rule of Life Art 327, CIC 701).

An ordained religious can lose his clerical status by a judicial sentence or administrative decree declaring his ordination invalid, because of a legitimate hitch or a rescrit from the Holy See (CIC 290). The one who has lost his clerical status is prevented from holding an ecclesiastical office (CIC 194); he is no longer bound by statute, loses his rights; he is deprived of all responsibility and all delegated power. (CIC 292); he cannot be readmitted to the ranks of the clergy but by a rescrit from the Apostolic See (CIC 293). The loss of the clerical status does not dispense with the obligation of celibacy which can only be granted by the Sovereign Pontiff (CIC 291).

Neither the religious leaving of his own free will nor the religious dismissed have any right to any indemnity for the work and services rendered to the Congregation (Rule of Life 328). Great attention will be paid to the good name of the one leaving as well as any help given him as required by charity (Rule of Life 326; CIC 702/2).

Gaspar Fernández Pérez, scj

♦With this contribution the series of editorials by the Superior general on the new Rule of Life comes to an end. By request of some religious, these articles will be bound into one volume and sent in a PDF format, in the four main languages, to the Regional superiors, to Regional vicars and formators to be used for animation and formation activities.

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